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One of the hardest parts of parenting after divorce or separation is dealing with your ex’s new partner. Whether you are divorced, just separated, or were never married, coping with this big change takes time and patience.
Many parents wonder if they can keep their child away from the new girlfriend or boyfriend. Unless the new partner presents a danger to your child, courts are unlikely to order that the new partner is not allowed around the child.
A new partner is a difficult adjustment for everyone involved. Ideally, you and your ex would have the kind of relationship where you would tell each other about new partners and agree on a reasonable way to introduce your children to them. In reality, many divorced couples have difficulty communicating and are reluctant to involve the ex in such a personal matter.
If your ex has introduced your child to his or her new boyfriend or girlfriend, the best policy is to be calm, accepting, and encouraging when talking to your child. It will be best for everyone if your child can get along with the new partner. It’s likely you will have some feelings of resentment, anger, hurt, and sadness as your ex moves forward, but it is not helpful to express this to your child.
If you feel that the new person is your child’s life is creating some kind of problem for your child, try to talk with your ex about your concerns. If things get to the point where you believe your child is being mistreated or is in danger, then you need to talk to your attorney about what can be done to protect your child.
The Sampair Group is your family law advocate. We serve the Phoenix and Mesa areas and are ready to represent you with compassion and integrity.
WHAT IF THE OTHER PARENT WON’T COMPLY WITH THE COURT ORDER?
Unfortunately, having a court order for child custody doesn’t always guarantee that things will be smooth sailing. This is often the case when the other parent fails to comply with a custody order that has been issued by a judge. If you’re going through this, you may be wondering what recourse you have and what steps you should take next.
DOCUMENT EVERYTHING
First and foremost, try to remain calm; emotions naturally run high when child custody agreements are not being followed. However, you will want to keep your composure as much as you can. Focus your efforts on documenting each instance where the other parent is not complying with the court order. If the parent is late picking up or dropping your child off, for example, be sure to write down the date(s) and the time(s) that this occurred.
The more documentation you have of the parent not following your court order, the better your case will look in court.
FILE A MOTION TO ENFORCE PARENTING TIME
The next step you will most likely want to take is to file a legal motion with the court; this is known as a motion to enforce parenting time. When you submit this motion, a judge will review your original court order, as well as any documentation or evidence you have gathered. In some cases, the other parent may be fined for violating the original custody order. In other cases, the judge may change the original custody order to give you more time with the child or make other alterations to the original agreement.
ATTEND NECESSARY HEARINGS
In some cases, a judge may request additional information from each party. When this occurs, a court hearing will be scheduled. Typically, both parties will be required to attend. This is an important time to bring any additional evidence or documentation you may have of the other parent’s failure to follow the original court order. At this hearing, you should also be prepared to hear counter-allegations that the other parent may have against you (whether they are true or not).
At the end of the hearing, the judge will most likely reach a decision on whether to alter the original court order or to impose fines (or even jail time) on the other parent.
GET THE LEGAL REPRESENTATION YOU NEED
Dealing with a parent who does not follow your child custody order can be stressful and frustrating. The good news is that there are steps you can take to help get your order enforced. Still, the best way to navigate this complex legal process is to work with an experienced family law attorney. At The Sampair Group, we offer the representation and guidance you need during this difficult time. Find out more about our attorneys or schedule your consultation with us today!
